reese witherspoon, followed with average $3.90. looked at money brought in by last three films over the past three years from people on forbes's celebrity 100 list. liz: number one thing to watch tomorrow is of course the jobs report for november. economists estimating nonfarm payrolls to rise by 93,000 and that unemployment rate will remain unchanged at 7.9% for the month of november. we'll see. we'll have numbers right here on fox business. david: of course a lot will have to do what happened with hurricane sandy but very important nonetheless. liz: "money" with melissa is next. melissa: i'm melissa francis. here is what's "money" tonight. does exxonmobil hate your children? a controversial new ad claims the oil giant is ruining kid's futures. you have to believe it to see it. the man behind it will join us in a fox business exclusive. plus "money"'s executive roundtable get the real pulse of businesses. speaking out against president obama hurt their

bottom line? will higher taxes be as bad for businesses as some say? all that and everything in between from three top leaders. yikes for yelp users. one woman post as scathing review of a business. now the owner is suing her for $750,000. does he have a case? he is here to make it. even when they say it's not it is always about money. melissa: first let's take a look at the day's market headlines of the congress doesn't open its mouth and stocks go up. are we listening politicians? better than expected jobless claims data and rebound in tech stocks helped lead the market higher. the dow gained 39 points hitting a new one-month high. at&t customers listen up. your service may start sucking less. akamai technologies reached a deal to provide at&t's

mobile network. it is expected to speed up delivery of digital content to customer's phones. akamai shares soared 10% on the news. zynga bumped up because it is betting big on real life gambling. it filed a gaming license application in nevada. to our top story tonight. exxon hates your children. not my words. those are the words of a new campaign absolutely blasting the oil company and the industry. watch this. >> here at exxon we hate your children. we all know the climate crisis will rip their world apart but we don't care. it is making us rich. >> that's right. the every year the congress gives fossil fuel industry $10 billion in subsidies. that is your tax dollars lining our pockets. making a fortune destroying your kid's future? at exxon that is what we call good business. melissa: joining me in a fox business exclusive is the executive director of oil change international.

this is one of the groups behind the ad. steven, welcome to the show. >> thanks so much for having me. melissa: i understand that this is a parody and it is meant to start the discussion and that's why we're having you on tonight. i'm going to rise right to the bait, tell you as a mom of small kids and someone who follows this industry closely i'm totally offended by how disingenuous the words in your ad are. start with some of them. you say congress gives the fossil fuel industry $10 billion subsidies. those are your tax dollars? no they're not. they're exxon hardened profit. they're not giving them to the government to feed the beast that keeps spending and spending our money. they're allowed to hang onto a small portion of their profits. >> yeah. that is actually not really accurate. there have been numbers of studies, most recently from the organisation for economic co-operation and development but also last year we saw a bill proposed in congress from senator sanders and representative

ellison, all of which identify over $10 billion annually that are going to the fossil fuel industry in subsidies. i'm a father too. melissa: congress doesn't have any money. they don't have money to give. the money they have have is my money that they have taken from me. it is company's money they have paid in. it is tax revenue. >> it is our money. melissa: hanging on to earnings, these are deductions rather than sending in even more tax dollars they're paying less tax based on investments they're making. you're calling those things subsidies. that is not congress's money. that is exxon's money it is hanging on to. but they're not taking money back. they're hanging onto the money they have earned. do you understand that point? >> i disagree with your perspective. basically i pay taxes. you pay taxes. melissa: ex on pays taxes? >> exxon does not pay their fair share. they get tax breaks written to the law by highly paid lobbyists and supported by

many congresspeople who they give millions of dollars too every year in election campaigns. melissa: but you still said tax breaks. that is their money that they're hanging on to. it is not money they're getting back from congress. it is their money!. >> it is money that everyone else has to pay. you know, they get special tax break for, for instance if they want to make a project internationally, they have a special government-backed loan program at the u.s. export-import bank. last year that program alone provided $10.4 billion in fossil fuels. melissa: can i ask you would be be better like my children and wont out like the navy and spent $26 a gallon on biofuels or like the air force which is spending $59 a gallon. would that be better for my children if we were all doing that? i don't like the navy and air force doing that. i think that is bad for my children's future because it runs up the debt and deficit. >> the best thing for my

children's future. i have two boys. one 10 years and one ten months and i'm worried about climate change and their future. we need to stop encouraging the industries that are causing this problem. the oil industry, gas and coal industries. and we need to start encouraging clean energy if we will solve it. the very first place to start is to stop giving these subsidies. it is a no-brainer. the vast majority of americans of all parties actually support this perspective. melissa: without affordable energy we have no economy and that is for sure bad for my children. we have no jobs. we have no industry. >> why is the fastest growing new source of energy in this country wind energy or distributed solar. melissa: because it is completely supported by the government and by my tax dollars. >> not even close to as much as --. melissa: absolutely no money to spend on these things you know what -- >> actually big oil, gas and coal are actually much more

heavily subsidized. melissa: you and disagree what is subsidy is. that is fine for debate for another time. we agree to disagree. do you know crayons, made from petroleum. >> right. maybe that is essential use in your view. we don't need to drive our cars with petroleum. we can use --. melissa: we do, because i don't want to pay $59 a gallon for biofuel. >> we need to use government and our taxpayer dollars wisely. melissa: i do too. >> make sure we use technology that actually doesn't exacerbate climate change and actually --. melissa: electricity comes from coal and nuclear? you like coal and nuclear. >> also comes from solar and wind and i like them very much. melissa: then we go book to the price problem. >> i'm sorry you see it this way. the ad was designed to generate debate. it actually, we've gotten over 40,000 views in just one day on youtube. we've gotten, we're pretty much at our first,

fund-raising goal of $10,000. and we've gotten 10,000 shares on facebook. i think people are --. melissa: you have achieved your purpose without question. i respect your opinion. i thank you so much for coming on. i think you achieved what you went out for was get the conversation going. that what happened here. thank you for coming own and sharing your point of view. >> thank you so much. melissa: time for the fuel gauge report. oil prices hit a three-week low. a climb in u.s. supplies and downbeat economic forecast for the e.u. sent crude down for third straight session settling at $86.26 a barrel. chevron is increasing expenditures to $36.7 billion in 2013, a 12% increase from this year. good news on the mississippi river. officials say water levels aren't dropping as quickly as projected but without significant rain water levels will still hit a danger zone by december 26,

potentially freezing barge traffic. that is a huge problem. moving on to "money"'s executive roundtable if i can recover from that last thing, we have huge names to really spill the truth what all this tax talk and these fiscal cliff concerns really mean for businesses and your money. jim aim most, chairman of tasti delight and plan net smoothie. we have the ceo of fastsigns. jamie richardson is the vice president of white castle. we have a power panel. thanks for joining us. i want to start with news from clarence otis, ceo of darden restaurants. obviously he came out of and said the forecast for his company going forward is looking very bleak. the negative media coverage focused on darden and how they might accommodate health care reform. he said they would have to go ahead and use many more part-time workers because obamacare was simply too expensive. there was a big backlash against that. so he is going to have to go

ahead and, as a result, they are going to keep full-time workers on. they're stuck with the cost of obamacare. he also said, they're having a tough time, people aren't coming into the restaurants because the economy is bad. so in my mind he spoke out. he got punished for it. at the same time the economy is terrible. he is really struggling. at the end of the day he will not hire more people. this is sort of the position a lot of business owners are in. jamie, what do you think about that? >> well, you know, darden has great brands. it is a great company with great people. in the restaurant business you have to be resilient. we're all dealing with a lot of uncertainty. we thought it would be resolved by the election. what we found out is there is lot we're waiting to understand, fiscal cliff and everything else we're trying to face. i think it is important we all continue to advocate we share the issues that matter with our people and we're part of that. melissa: jim, he got punished for speaking out and he is still facing a really tough economic climate. you know it seems you can't

win for losing. should you just keep your mouth shut at this point? >> no, i don't ever think that it's wise to keep your mouth shut because i think truth is a defense. and it's unfortunate if in fact the case he has been punished either by the consumer or investors for that matter speaking out personally or politically. but here's the reality of the battlefield. nothing's changed post-election as opposed to pre-election. the, uncertainty of the tax situation, the fiscal cliff that everyone is tired of hearing about frankly. the overburdensome regulatory environment that we're in is depressing growth, particularly for small business. and i think that's a primary distinction here as we talk about business itself because all business is not created equal. and the president's jobs council who has some wonderful folks, some friends of mind on it,

wholly inefficient in my view because there is no representation from small business on that jobs council. melissa: catherine, let me ask you, what i look what happened with the case in darden, it seems like what happened to a bunch of different companies, my take at the end of the day, for sure they're not going to hire anyone and that's what we need more than anything right now. >> you're exactly right. what we need are jobs, jobs, jobs. there is so much uncertainty out there right now with what will happen with taxes. we still don't know the full impacts of obamacare. hundreds of thousands of new regulations. we need to know what is going on to make good decisions and grow our businesses because of that. melissa: jamie, do you think to a certain extent we know what is going on? obamacare will come in and be incredibly expensive for businesses, taxes are going up. the economy is slow. we may or may not go over the fiscal cliff but regardless the economy has stalled and taxes are going up. i mean there is certainty.

it is just not great certainty. >> you know, as a family-owned business after 91 years being in business we know that there's a business cycle. what we need to continue to advocate for as job creators is the virtue of free enterprise. we need to stand up for the principles that are going to allow us to provide our people employment, to create prosperity. we have to do that in a unified way because, even though the forecast can look bleak at different times, we have an incredibly resilient economy. great job create, out there given the chance which make a big difference. that is what we have to continue working on. melissa: jim, aren't you afraid of being punished either by the public or by the government for speaking out at this point? i mean i have talked privately to people on wall street who have said, you know, they feel like get pistol-whipped when they say anything against the administration. that it comes back to bite them. at this point it is better to keep your mouth shut or only say positive things. this is what people have

told me. >> well let me respond to that this way. when i ran mailboxes etc., i had 5,000 locations, $1.6 billion in system sales and i started every year with 70% recurring revenue. the majority of franchise businesses are not large like that. that kind of platform gives you alternatives and choices that you can make. i said all business is not created equal. companies like tasti-lite, as catherine understands and so many other leaders of small businesses discussion is existential for the small business franchise owner. thhy're facing these burdens. they're facing the uncertainty. they're facing a lending environment that doesn't exist anymore than it has in the last five years and if there isn't some certainty brought to this, these people lose their investments, their careers and their companies. that's not a time to remain sillnt. that is the time to step up and speak. and as jamie said, we have to begin again remaking the

case for free enterprise, free markets and free people regardless who opposes that. melissa: catherine, you're nodding, how do you do that? how do you do that? >> i think we have opportunities like this on your show to talk about it. i had the opportunity recently to speak to some high school kids about free enterprise and what it takes to be successful in america. as business leaders we need to do that. however i do know the fear of speaking out because pre-election i was given opportunity to be on a different show on a specific topic, i was afraid of my stand and how passionate i was about it and how that might play out and affect my franchises. melissa: really? >> we know what happened with chick-fil-a earlier in the year. melissa: right. >> that wasn't a political stance. it was a belief of the ceo of chick-fil-a, but the unfortunate reality in today's polarized world with social media, those of us who are willing to speak out have to understand there's a possibility that those who

disagree with us are going to use that against us in this crazy world of social media. and they can do that fairly effectively. melissa: catherine, i want to ask you more about that on the other side of this break. i also want to ask you guys, fred smith, ceo of fedex, fred smith had a different approach to this. i want to get your reaction to the other side of this break. don't move, we'll pick up with "money"'s executive roundtable and the truth whether higher taxes will hurt businesses as some say when we come back from this break. excuse me, we have breaking news right now. we'll go to adam shapiro to bring breaking news. what do you have? >> it involves netflix. apparently the company and ceo reed hastings received wells notice from the staff at the sec. the staff recommending that the sec institute a cease and desist proceeding, possibly bring civil action against the company and hastings. the wells notice cites violation of regulation and fair disclosure. now the company is saying, this is coming from the ceo, that they expect, and this

is the quote, things to be cleared up quickly. melissa? melissa: great, thank you for that report. we'll get back to our roundtable on the other side of this break. and the next big government bailout, this time the federal housing administration heading toward collapse. it could cost taxpayers and homeowners billions. we'll get to that too. so much more "money" coming up! stay with us having you ship my gifts couldn't be easier.

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melissa: all right. we are back now with "money"'s executive roundtable. jim amos, chairman of tasti-d-lite and plan net smith at this. we have the ceo of fast space signs and jamie richard sign, president of white castle. catherine, you were saying afraid of speaking out either from a backlash of customers or social media or the government or groups that support them. fred smith at fedex is doing exactly the opposite in my opinion. he is somebody who has been a champion of free enterprise in the past but he is out now saying there is lot of mythology in washington. going on to say the vast majority of jobs in the united states are produced by capital investment and equipment and software, not small business. it is done by big business. and he is trying to make the

point that there's a lot mythology in washington about rising taxes, eliminating jobs. that it is just not the case. i'm, catherine, do you believe he believes this? and do you think he is saying it to try and, you know, toe the party line and make everyone happy? >> well, i can't speak for him but i'm going to respectfully disagree. according to the u.s. department of labor, 65% of all net new jobs comes from small businesses. i don't know where he gets his facts ups store, competitor of fedex. they opened 100 new locations. each location hires three to five employees. that is 300 to 500 new jobs from small businesses. i don't know that fedex hired that many people this year. melissa: you know fred smith? what do you think about this comment? >> well, first of all i've

known fred for i don't know, 30 or 40 years. we were in the marine corps together and vet nam together and running mailboxes and later ups store, fedex was a vendor partner. they're very few people i respect more than in business than fred. and by the way he is not going to toe anybody's party line. i will say this. fred, i mentioned earlier that all business is not equal and fred talks about big business being the engine of the train that runs commerce in america and the small cars and the caboose is small business. but as catherine pointed out, that is exactly where close to 70% of the jobs in america are created. and all of these small businesses have the desire and dream and belief to become the big businesses or the fedexes of the world. i don't think fled's wrong. he is speaking about job production from the type of viewpoint that he has but i

also think that, that speech is exactly what is wrong with not having small business at the table in washington at this jobs council. it is not intuitive nor do they understand the heart and mind of the entrepreneur and what either depresses that job growth or creates that robust view to job growth. melissa: yeah. jamie, the point of what he was saying that raising taxes, he is trying to justify the belief that raising taxes will not cost jobs. do you think that raising taxes will cost america job? >> if you absolutely want to postively kill jobs, raise taxes. it will happen overnight. we have great research from family enterprise usa that shows that 75% of the new jobs are created by family businesses. a lot of those family businesses are pass-through corporations. so when those marginal income tax rates go up, the first thing they do is they have to cut employment or freeze hiring plans. melissa: yee. >> so it's a real world

impact. melissa: catherine, i want to ask you, taxes going up, what is the impact one way or the other on your business? >> well, let's talk about my fastsigns franchises. i will agree with jamie, 97% of our franchisees are sup chapter s or llcs. they're paying income tax on personal income tax return. $50,000 may sound like a lot of money if that is your salary. besides paying mortgage and putting food on the table you will reinvest. if part of the dollars are spent on higher taxes you're not going to. as taxes go up our franchisees's customers are small businesses. they will have less money to spend because they're also pass-through entities. they will buy less from our fastsigns franchises. if taxes go up on middle income people, if that happens because of the fiscal cliff, they will spend less money at the cash

register. those people will buy less from fastsigns. melissa: thank you for being here. promise me you will all come back. >> we'll come back. melissa: thank you. >> thank you. melissa: just when you thought there couldn't be anymore bailouts, think again. the federal housing administration is on the verge of collapse and you and i could be stuck with a multibillion-dollar tab. syria's regime loading bombs with sarin gas. is it ready to blow through the u.s.'s so-called red line. details on this story coming up. do you ever have too much "money". [ male nouncer ] where do you turn for legal matters?

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melissa: so in case you hadn't heard we could be looking at another government bailout for possibly billions of dollars. housing secretary sean donovan on the hot seat today testifying in front of the senate banking committee about how hopes to avoid a bailout for the federal

housing authority. our peter barnes has the latest. peter? >> hey, melissa. republicans charge that a treasury bailout of the fha is coming and the housing secretary could not rule it out. donovan said that washington is closer to one after the latest audit of the fha found it has a capital reserve deficit of about $16 billion. but the administration it is too soon to say whether the fha will need any treasury funding to avoid a bailout. the agency is increasing fees and making other changes. >> based on all of that do you expect a taxpayer bailout as we sit here today? if so, when? >> based on those steps, i believe we've significantly decreased the chance of having a bailout at the end of 2013 or having to draw on the treasury. i'm not going to assign a probability at this point. melissa: hmmm. >> the administration says

it will siggnal its intentions on treasury funding when it has the 2014 budget this february and make a decision whether or not to pull the trigger or not next september. melissa. melissa: peter thanks so much. what does a possible fha bailout mean to us, the taxpayer? here in a fox business exclusive, another one, former fha commissioner david stevens. he is now president and chief executive officer at the mortgage bankers association. thanks so much for joining us. you know we're talking about another bailout here and likelihood. when you look at the numbers, the reserves were still positive last year at $2.6 billion. now they're moving to a deficit of 16.3 billion is the projection. that sound pretty bleak to me. what happened? >> well, you know we're talking about a portfolio of well over a trillion dollars. and $16 billion is a huge number but it is really driven by the fact that

house prices are not recovering as quickly as previously thought. and one thing that is very interesting in this acutarial is actually the loans originated in 2010, 11 and 12 are expected to be profitable and actually help the fund. but it is loans that were done during the really bad years in this country before the housing crisis that are continuing to have the shadow effect on the fha portfolio and that what's driving this loss expectation just recently released and secretary donovan talked about today. melissa: there is evidence they continue to make bad bets going forward. this is part of this program to help people buy houses and help people who have low fico scores and who have had problems in their past. maybe their way of doing business, and you're someone who sat at the helm for a long time, maybe their way of doing business isn't sound for the american taxpayer? >> well i think it is too soon to make that determination. there is no question there is a stress but keep in mind lehman brothers failed.

freddie mac and fannie mae failed to the tune of $150 billion. fha actually has been a sort of purchase money, transactions for the american homebuyer. but to your point, melissa, you're absolutely right in terms of past years. in 2006, 7 and 8, lenders took advantage of the fha they drove fico scores, credit scores very low. there were bad programs that were allowed in the fund. melissa: they took advantage of the fha? how do you do that? >> you take advantage of the lowest credit scores that the program allows and don't put any overlays in it. today fha doesn't allow that. melissa: whose fault is that? raise the credit scores. >> right. melissa: the problem is shaking lending on all fronts. maybe if this were a private company that haneses to shareholders or was at risk of going out of business they would think more carefully about the kind of loans they were backing? >> i think you're making an excellent point. it is reflection what happened broadly in the housing finance system.

it wasn't just fha. melissa: of course it was everybody. >> but fha today, at least the one benefit they have, they have a legislative obligation to break even and actually have a capital reserve which they're below right now. melissa: yeah. >> the law demands that the secretary get it above. so they have put fico floors in place for example. but that is recent history. doesn't protect the fact that you still have hundreds of billions of dollars of mortgages originated over the past many years that will plague this fund for several years to come. and the question is can they outrun it? can they bring in enough good loans? melissa: i want to ask you before we run out of time because i'm very worried about my tax dollars. on a scale of one to money, how is likely to bail out fha. >> i say two. between two or three. there are variables that could allow this thing to go through. melissa: you're a good sport. >> thank you, melissa. melissa: i feel better with a two. that is better.

next on money, syria on the brink of using weapons of mass destruction. how close are they? we'll talk to a former fbi special agent to find out. melissa: yep users beware. the next bad review you post could land you in court. one woman's slam has a owner suing her for 750 grand. he is here exclusively to explain. piles of "money" coming up. want to try to crack it? yeah, that's the way to do it!

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melissa: turning now to increasingly dangerous developments in the middle east, the situation in syria could reach catastrophic levels now that reports from the bashar al-assad military loaded lethal chemical weapons into aerial bombs and awaiting final orders to use them. here to tell us what it means as well as the economic impact is the former fbi special agent and national security and counterterrorism expert. thanks for coming on. >> thank you. melissa: get your reaction to the story. seems like we're reaching a critical point. >> absolutely and this is extremely dangerous and i think this is probably one of the reasons that secretary clinton agreed to meet with the russian foreign minister and rahim my, the u.n. ambassador for the syrian issue and the syrian dossier. if the regime uses chemical weapons or any weapons of

mass destruction, the regime in syria, that is definitely an indication that it is a last act of desperation. melissa: yeah. >> i'm sure that the international community will try to prevent that in any way, shape or form. the syrian, the russian president, putin, a couple of days ago when he was in turkey, he gave some signals that the chem cap -- chemical weapons in syria are secure. we need to sit down with the russians to see if they have any guaranties to the security of these weapons. >>you talked about how the international community could do to prevent it. there are weapons weapons and there is money. what could we do at this point to try to stop this from happening? >> well i think, you know, the regime of syria has these weapons and i'm not sure they're going to sell them or if we put money on the table that will solve this. melissa: no. but is there aid to another country, aid to egypt, to russia? the way you get somebody else to then come in and argue for the same things

that you are arguing for? >> sure. melissa: what could we do on an international stage? >> so far on the international stage there are only two countries supporting the assad regime, international institutions like the u.n. for example. one is russia. the second is china. you have iran but iran is considered an outlaw in the international system today. these are the countries that are still supporting syria. and it is time for the russians to basically come clean about their support o a regime that is getting ready to use chemical weapons against its own people. syria is breaking down. syria is not libya. syria is in the middle of the lavant. if this break down will spill over into jordan, it will spill over into iraq and still over into lebanon. all these places are powder kegs waiting to, flowed. so the russians have moral responsibility to sit down with the international community and explain why they are still supporting this regime that is willing to use it seems, chemical

weapons against its own people. that is not the first time these weapons have been used against innocent people in the middle east. remember saddam in the '80s, he used them against the kurds killing thousands and thousands of people. melissa: no. this is terrifying and devastating. of course the human toll is tragic and something we can't even begin to comprehend. the economic toll would be huge as well. you're talking about it spilling over into all these different countries. >> if it spills over into all the these countries we'll feel it. we'll feel it here in our stock market. melissa: yeah. >> i think the situation in syria if you want to look from the economic perspective is also a disasterous situation. just in the last five weeks the syrian lyra lost 15% of its value. in the last 20 months it lost 50% of the its value. there is no hard currency in the country. you see when the economy collapses the government will collapse. melissa: ali, thanks so much for coming on. we appreciate your time. >> thank you. melissa: it is enough to make yelp users scream.

a woman rips apart a business in a review. now the owner is suing her for $750,000. that owner is here in an exclusive interview to explain why. that is coming up next. at the end of the day it is all about money [ roasting firewood ]

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melissa: so much for a penny for your thoughts. how does $750,000 sound? that is what one yelp and angie's list user is being sued for, all because she wrote a critical review. isn't that what the sites are kind of for? here in a fox business exclusive, another one, the founder and owner of dietz development. he filed the lawsuit. thanks for being here. i want to lay the facts out. let you respond. you were hired to paint, refinish floors, perform electrical and plumbing work in a woman's home of june of 2011. she claims, this is what she posted that you left damage it my home of the work had to be reaccomplished and i found jewelry missing. bottom line don't put yourself through this nightmare. she basically called you a thief and said you damaged her home. how do you prove these things are untrue? >> going to the sources. she stated i stole jewelry. i went to the police and asked for police report. got a copy of itist it is closed the investigation.

they followed up with a complaint that miss perez made. when they found there was no evidence to her basis for the complaint, they closed it saying all leads exhausted. and regarding the accusation of the work, you have a situation here where i did the work 150%. she never paid me deposit and never any payments. at the end asked for punch list, i have to look for a checkbook. we'll talk about it tomorrow. the next day she fires me and pays me nothing and files the police report. very, timing interesting. melissa: it is a really tough problem, that a lot of people now, with all these online sites have. i have talked to many other people who said, other people posted negative reviews about them. >> right. melissa: it has a big effect on their business. >> it is very important, the reputation. melissa: no, absolutely. for her, she would have needed to take pictures i would think of the damage that you did but even then

you would need to have before-and-after pictures. it is very hard for either of you to really prove your case, right? isn't that one -- >> we're not arguing about the damages or poor performance. that is an opinion. she is allowed to have her opinion, when she calls me a criminal, that is not acceptable by the law or myself. i will not stand for that. it is simple. melissa: how did you get the number 750,000, by the way? obviously the work was a lot less. that was a big number. >> that is big number i deal with high volume lients and large ticket. high-end kitchens, bathrooms. renovations. additions. i don't install a door for $200. i do high volume. her postings were up 12 months if not a little longer. i can't begin to put the price tag. i think 750 is low. melissa: how do you quantify how much money you lost though? >> well i know for a fact i have written documentation of one client, high-end client, one of my vendors recommended my services to

for high-end kitchen and three bathrooms. look i will do due diligence. melissa: saw it and wasn't going to do it. i'm sorry to rush you but we're out of time. what have they told you chances of winning the case? >> historically we're never awarded the preliminary injunction and we won yesterday. that bodes well for the next phase that we're headed towards. melissa: thank you so much for coming on. it is a really interesting situation because people find themselves on both sides of this. this is big one. thanks so much. >> thank you. melissa: all right. the end of the world. as you trail yaw's prime minister says that the mayans, apocalyptic prophecy will come true, complete with zombies. we'll explain that next. you can never have too much money. what's next?

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♪ gerri: before we get to the best part of the show, i want to give my son's class their 15 minutes, or, well, 15 seconds of fame. a shoutout to janis deen, the weather machine, for hosting by son's class this morning. look how cute they are, budding meteorologist. mine is the one pushing in yeah, that's him, oh, boy. thank you. now for my official favorite part, spare change, joined by

two of the best. fox news legal analyst, thank you to both of you. >> you can't make it up. alarming announcement made last night via youtube. check it out. >> it turns out the mayan calendar was true. while australia's the csi have not been able to concern this prediction that the world is about to end. whether the final blow comes from zamb iring's es, or the total triumphs if you know one thing about me, it is this. i'll fight for you until the end, and this means i won't have to do q&a again. >> she talks about, i mean, all with a straight face. it's great. >> did she hit the bong before she made the comment? excuse me, one second. >> i applaud it.

>> you applaud it? >> yeah, it's great. it's nice when they let their shoulders down and make jokes, light hearted about -- everyone's so -- >> first time i start it, when she was started, i was worried she was serious. i have to admit it took me a second to get it. >> it's great. i was expecting, psych. >> i think when she said i don't have to do q&a thing, that was joking. refreshing. >> all right. you have not heard this before, no eating while driving. don't get caught with a slice behind a bheel in a south dakota town bannedded as part of the ban on texting and other distracted activities while driving. too far? >> you know, the statistics bear is out they are really not. >> no eating and driving? >> think about it. think about it -- texting -- here's a cup of coffee, a speed

bump, -- >> doing this? >> yeah, i'm driving a stick shift. >> the difference is when you're texting, you're looking down and off the road, with the eating, i've been doing that for years now, i don't have to look at the food. i think i can get it done. >> what about the village? >> yeah, i guess. >> can't eat lettuce and drive. >> salads? >> not while you drive. >> i've seen people putting nail polish on and driving, okay? >> the other day i i had to eat and drive, a bagel, i minimized the possibility of it getting on my tie, and that is distracted, heading to fox, can't have mustard on my tie, i'll be in trouble with your crew. >> we have people to help you with that. great people out there. where is samuel l. jackson when

you need him? a fight forced to land after an egyptian cobra hidden in a passenger's bag escaped. the deadly kobra bit the man who brought him on board and slithered down the aisle presumably scaring the pants off of every passenger on the flight. >> i would have run for the hills. that's what i would have done. >> look, that's stupidity, face it. that is not cool. i mean, you don't bring a cobra -- >> ask the obvious question, how did it get in? >> past security. >> there's no metal in it; right? >> they look in the bag. >> they don't look in every bag. they are, like, looking for bombs and liquids; right? >> i have a flashlight in my purse, and they pulled that aside. >> metal? plastic? >> batteries. >> another one. in case you wanted to smell like pizza, and who doesn't; right?